Following the massive hack of the EncroChat phone network police in the UK mounted Operation Venetic and hundreds of arrests have since been made. The operation is nowhere near over yet and anyone who has any concerns about their possible vulnerability in this matter should get into contact with us.
Criminal investigations based on evidence retrieved from ‘encro’ phones are often serious for those involved, and if found guilty of an offence, the sentence could include imprisonment. When facing such allegations, it is important to have expert legal representation from the outset to give you the best possible chance of defending yourself.
It is not illegal to possess or use an encrypted handset. You cannot be convicted of an offence just for possessing an EncroChat phone or sending messages on it. However, if you have used the handset in order to conduct or plan unlawful activities, it is possible that the police have accessed the content of your messages and you could be liable to prosecution.
If you are concerned that your messages have been read by the police, but you have not heard anything from them, it is possible that the police are not actively investigating your case, but there is no guarantee of this. There is no time limit on the prosecution of either way or indictable only offences, therefore charges could be brought at a later stage.
As with any other criminal investigation, if the police suspect you in relation to an offence you will probably either be arrested or invited to a voluntary interview under caution at the police station. At this stage, it is likely to be of great assistance to you to have a well-qualified criminal defence solicitor by your side. Regardless of the evidence within the messages, the prosecution is still required to prove their case beyond reasonable doubt in order to convict you.
If you, a family member / relative, or a friend are accused of offences involving the use of encrypted phones / devices, it is important to seek legal advice. Discussing your case with a specialist lawyer who understands the law at an early stage is essential to help understand what can be done to prepare a proper defence. The sooner you make contact the sooner we can help!